Case studies

A question of credibility

Hannah v Barellan Bobcat Hire Pty Ltd, 24 August 2011. Liability will be determined on the facts that are accepted by the Court, and the credibility of the parties is critical in making this determination.

Employer not liable for co-worker assault

Serra v Couran Cove Management P/L, 30 May 2012. This case demonstrates that an employer will not necessarily be liable for a worker’s injuries as a result of a criminal assault by a co-worker.

Judge to decide what is matter of fact

Timothy James Klein v SBD Services Pty Ltd [2013] QSC 134, 30 May 2013. This case demonstrates the importance of record keeping and accurate reporting of injuries. If documentation is lacking, it will ultimately fall to the Judge to decide on a matter of fact.

Bullying allegations unproven against employer

Judge Barlow found that there were two occasions where a Plaintiff might be said to have been bullied by other staff but that the Plaintiff ultimately failed in her claim against the Defendants.

Importance of proactively progressing claim

The plaintiff was injured on 23 May 2011 while undertaking a task during the course of his employment. The plaintiff issued court proceedings in February 2013. Liability was not in dispute but the nature of the injuries sustained and the amount of damages claimed was in dispute.

Worker's fall did not cause consequential symptoms

Beardmore v Crown Equipment Pty Ltd [2012] QDC, 3 October 2012. This is a case where the court found there was a fall at work, there was negligence but the fall did not cause consequential symptoms.

Alleged injury from exposure to common cleaning agent

The Plaintiff was a 57-year-old part-time aged care worker. She alleges she suffered a chemical sensitivity injury and a consequent psychiatric injury as a result of exposure to a sanitising chemical “D4” in the course of her employment.

Psychological injuries in the workplace

Lusk & Anor v Sapwell, 1 April 2011. Employers only have to address risks in the workplace that are reasonably likely, while a worker must prove that the employer's breach of duty of care caused their injury.

Mandatory participation results in damages paid

Bagiante v Bunnings Group Limited. [2012] QSC, 31 May 2012. Employers should take care when arranging team events and participation in these activities should be on a voluntary basis.

Employer found not negligent in security

Karanfilov v MSS Security & Ors [2013] QSC 304. Injured worker suffered post-traumatic stress disorder when he was working as a security guard.

Zero Harm at Work case study_Energex Sun Safety

This case study is on skin cancer prevention in an outdoor workplace.

Surveillance and other related issues of credibility

Barker v Casco Australia Pty Ltd, 07 October 2011. This case study clearly demonstrates the importance of achieving a return to work outcome and that surveillance and other related issues of credibility are subject to the opinion formed by a Court and can be critical in determining the outcome of a quantum only trial.